Words reveal our thoughts. The first seminar of Young Arbitration Practitioners has chosen to discuss “The Current Relevance of Transnational Rules.” Our fathers will question this choice due to the ambiguity of the subject.
The relevance of transnational rules can be interpreted in two ways. It could be a question of drawing up a list of the transnational rules most commonly evoked. The resulting speech relating to this catalogue would, however, risk being both tedious and tiresome for the audience. The subject could also be interpreted in a different manner, more favorable to debate. It could be a question of demonstrating that the concept of transnational rules constitutes the current primary reference, which would seal the fate of a concept we have grown up with, i.e., Lex Mercatoria.
Lex Mercatoria1 came into existence in 1964. Our destinies seem linked. In 1979, during adolescence, Goldman chose to question the reality and prospects of Lex Mercatoria.2 Following graduation, in 1987, Professor Lagarde dissected its structure and proposed a critical approach to Lex Mercatoria.